Glassworks (Aust) Pty Ltd

[2022] FWCA 4542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Glassworks (Aust) Pty Ltd

(AG2022/5231)

Glassworks (Aust) Pty Ltd Enterprise Agreement – 2022-2025

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 21 DECEMBER 2022

Application for approval of the Glassworks (Aust) Pty Ltd Enterprise Agreement – 2022-2025

An application has been made for approval of an enterprise agreement known as the Glassworks (Aust) Pty Ltd Enterprise Agreement – 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glassworks (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 20 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The court was presented with an application to approve the Glassworks (Aust) Pty Ltd Enterprise Agreement for the years 2022 to 2025. The application was brought by the employer, Glassworks (Aust) Pty Ltd, and sought the approval of the enterprise agreement from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for the employees of the company.

The primary legal issues before the court were whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, and whether the agreement met the requirements for genuine agreement under section 230 of the Act. The court was required to consider whether the agreement had been made without coercion, and whether the parties had genuinely agreed to the terms of the agreement.

The court found that the enterprise agreement had been made in accordance with the provisions of the Act, and that the agreement met the requirements for genuine agreement. The court found that the employees had been adequately informed of the terms of the agreement, and that there had been no coercion or undue influence in the negotiation and execution of the agreement. The court was satisfied that the employees had genuinely agreed to the terms of the agreement, and that the agreement was fair and reasonable.

The court approved the enterprise agreement, and it will now regulate the terms and conditions of employment for the employees of Glassworks (Aust) Pty Ltd for the next three years. The agreement will remain in force until it is replaced by a new enterprise agreement, or until it is terminated in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established